Public meetings / Board of County Commissioners
August 15, 2023
156 turns, 156 with a named speaker, under 14 agenda items. The words and the names are the county clerk's.
2. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action
Ms. Nelson
did not know why Tasha Crabtree insisted volunteers were not needed in Tonopah. She noted there were volunteers at the Pahrump shelter and she did not understand why volunteers could not be used in Tonopah. Bill Stremmel said at the January 18, 2023, meeting the Commissioners were addressed by a delegation from the Nevada Department of Transportation who stated that Nye County would receive over nine times the amount of motor fuel excise taxes collected in the prior year for its 2023 work program, which was nearly $50 million according to the representative. Mr. Stremmel was told by an outgoing Commissioner the money would be earmarked primarily for widening the remaining two-lane segments of Highway 160 north of Basin and south of Rainbow comprising about ten miles within the town limits.
Mr. Stremmel
stated over half the year had lapsed and there had been no updates about this project. Mr. Stremmel contacted NDOT and was referred to Matt Bradley, the person who conducted last year’s study of the 159/1 60 corridors, who had no information about any construction plans and even said that widening north to Roadrunner would not be programmed. He also mentioned a driveway into the firehouse on 372 as if this had priority over a right turn lane from southbound 160 onto the westbound 372 where emergency vehicles were frequently delayed in traffic. Mr. Stremmel suggested one of the many worthwhile uses for the $12 million windfall was to expand the County Public Works liaison with NDOT to track down the money for a long overdue improvement. Diane Davis addressed the homeless situation. She said she told Commissioner Cox during the break she had several people’s names and phone numbers who were interested in being on a committee if the Commissioners decided to go forward with that.
Ms. Davis
then advised it had come to her attention that now California was bussing homeless people into Pahrump and telling them the town had cooling stations and resources to help them. She knew for a fact a bus pulled into Bank of America’s parking lot and unloaded seven people. Ms. Davis told the Board the situation was going to get worse, not better. She stated the Commissioners were the only ones who could do something and they either had to change the rules that the former Commissioners put in effect or designate a piece of County-owned land for them. Kelly Green, speaking on behalf of the horses and burros, urged the Board to not drop the ball on locating land for them anywhere near Pahrump as it could bring an economic benefit, especially if it became a wild horse sanctuary that would draw tourism in. She also asked the Board to pass a law that in the future round-ups could not be done when the average daily temperature was in the triple digits, although she would prefer they not be done when the temperature was over 90 degrees. Erika Gerling was present in Beatty. August 15, 2023 2. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (FIRST)-Cont’d. Leanne Larson said she was one of the many people who went to Ridgecrest to check on Fred and his herd. They were doing very well there. It was a very well run facility and they took very good care of the horses. Diane Southworth provided an update on the community outreach events. She then said she had seen in the paper that the County was getting $12 million with almost no strings attached. She hoped some of the money would be used for firefighter salaries, the roads, a splash pad, and a transition home. Sam Jones said the constitutional republic was being destroyed. He was sad to see what was going on in the country today and he hoped the Commissioners would not let it happen to Nye County. He talked about the illegal immigrants in the County and how people were trying to stop people from speaking. He then advised the Board of a Code Enforcement Officer who was overstepping his bounds by bothering people about their yards and telling them what they could and could not put up. Tom Waters advised the Prostate Cancer Support Group met on the fourth Tuesday of each month and their next meeting would be on August 22, 2023, at the DAV building at 6:00 p.m. Anyone who wanted to attend via Zoom should contact him. The Veterans Finance Committee would meet on August 25, 2023, at 3:00 p.m. in the Acorn classroom at Nevada State Bank. Pahrump Life Magazine was always looking for articles about and Mr. Waters asked anyone who had a story to contact him. Together With Veterans (TWV), which was an organization to reduce or eliminate veteran suicides, met the second Tuesday of every month at 1:00 p.m. There would be a Transportation in Nye County meeting the third Tuesday of every month at 10:00 a.m. at the transportation building next to the library. Tonopah Town Manager Joe Westerlund provided an update on the Union Plaza parking lot and the rock and bottle show. Jason Mann from the Pahrump Animal Protection Association said there had been a lot of questions about the shelter and how to operate it. Bob Wannberg, Patricia Couture, and he walked the shelter recently, which was very clean. They asked where the cats and small dogs were and were told there were none at the shelter at that time. They were informed about the adoption waiver and how the animals were not to be adopted but were to be kept solely outside. They asked Tasha Crabtree about that who stated “there were no rules, simply guidelines, and they were presented to everyone who entered the adoption process.” Mr. Mann said those guidelines needed to be clarified. The shelter also needed to be put on a Web site like every other shelter because there were a lot of potential adopters that had no idea how to adopt an animal. Mr. Mann advised that through a Freedom of Information Act request he learned the shelter was charging a cash only $50.00 surrender fee. When Ms. Crabtree was asked about that August 15, 2023 2. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (FIRST)-Cont’d. she said that did not happen, so it stopped happening all of a sudden. Mr. Mann felt Animal Control was understaffed and underfunded. Janice Six spoke on behalf of the Tonopah animal shelter. Her daughter was a very active volunteer with the shelter and she was fired. Ms. Six had been told that Tasha said her daughter did not get along with the other volunteers, but there were no other volunteers. Ms. Six stated her daughter was a vital part of the shelter and she did not quite understand what Tasha had against her. Darryl Lackey said a previous Treasurer found 11 acres at Calvada and Dandelion with water and sewer for the homeless to live on. It could also be a training location. He commented on how much money the County had spent on cats and dogs, but nothing was being done for the homeless Lynn Thomas asked for the Board to assist the community with financial support and development of a pickleball facility. Participation in pickleball had grown 160% over the last three years and she felt a facility would bring people into the community. Heather Scott also asked the Board to provide pickleball in the community and said it was a good sport for all ages which would be beneficial to the community. Edward Mauch talked about the pickleball tournaments and the amount of money that could be raised due to sponsorships, the various venues, and the local community. Amy Landers also spoke about pickleball and asked the Board to consider building a pickleball facility. Robin Barber said she along with other supporters in the community wanted to help come up with some additional things for the young people to do in Pahrump. She was glad to hear about the pickleball idea and encouraged the Board to consider it. Tim Bohannon said he appreciated the interest in pickleball and thought it was something the Board should consider. Carrie Crowe said her aunt and uncle had a pickleball facility which was very successful. She then talked about the horses. She had compiled a lot of information and a lot of ideas to make it where it would not cost the County money. She would like to get it done without filing the lawsuit, but she had been told that she was wasting her time coming to the Commission. Ms. Crowe did not believe that and said she was available to talk to any of the Commissioners and share her information. August 15, 2023 2. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (FIRST)-Cont’d. Catherine Duncan said since the round-up happened the sadness in her neighborhood was so thick it could be cut with a knife. She begged the Commissioners to give their support to the group that was trying so hard to bring the horses back to the community. Michael David Garcia talked about state-sponsored kidnapping, whether tortious or children; equity courts; and unalienable human rights, whether it was, seed, stock or livestock.
3. Commissioners’/Manaqer’s Comments (This item limited to announcements or
Commissioner Cox
said the Friends of the Wild Horses and Burros needed get the word out more because some people talked like they had never heard of the group. As to pickleball, she said her sister-in-law lived in Utah and would not move to Pahrump unless she could find a pickleball court really close. Regarding activities for the youth,
Commissioner Cox
thought a trade school was badly needed in Pahrump. A lot of students out of high school had no place to go except somewhere else in order to get any kind of advanced schooling or to get qualified for a job. She told Ms. Davis that she wanted to do the same kind of group as the Friends of the Wild Horses and Burros for the homeless situation. She had also heard there was a busload of people dropped off on Thorn and Homestead who had to walk into town in the heat. She wanted to know where the buses were coming from. Commissioner Cox thought the Commissioners needed to look into the Pahrump animal shelter situation.
Commissioner Boskovich
said he had lived in Pahrump for 25 years. He never had any issues with the horses and wanted the BLM to stay out of the County’s stuff. He felt the same way about the solar issue. As to the homeless issue, Commissioner Boskovich said he was sort of torn on it. He understood the Sheriff’s Department was stretched and that there was an ordinance against it, but people were needed to enforce it. He said part of the issue was the fact that most of the homeless problem was due to squatters on private property. Another issue was the County had no infrastructure and had a hard time taking care of its residents who needed help. Commissioner Boskovich did not think it was a good idea to throw money and incentives to homeless people who may or may not be coming in from elsewhere, which the Commissioners needed to get to the bottom of. Lastly, Commissioner Boskovich stated he was very much in support of more activities for the community. He was utterly stunned that there were 48,000 people in the community and there was no movie theater.
Commissioner Strickland
advised she and Amanda had talked with Tim Sutton about the idea of making a wildlife viewing area on both sides of Johnny Curve, and she had discussed it with Commissioner Boskovich. There would need to be a memorandum of understanding with BLM because the horses would need to be watered. Salt licks and August 15, 2023 3. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d. mineral blocks would also be needed. She said she would like to have that on an agenda. Commissioner Strickland advised the civic center that would be built had indoor racquetball! pickleball courts in the works, so that was going to happen. She believed that was still in the District Attorney’s Office for final approval before it went out to bid.
Commissioner Jabbour
said he and Commissioner Carbone attended the Purple Heart Ceremony, which was well attended. Treasurer Raelyn Powers gave a public shout out to the ladies in the Treasurer’s Department. This time of year was a crazy time of year for them and they were knocking it out of the ballpark. Tourism Director Arlette Ledbetter gave an update on her tourism marketing efforts. Planning Director Brett Waggoner suggested forming a task force to address the homeless situation because when they were trespassed off of one property they moved to another, and then to another when trespassed off that one, and so on. Instead of putting it on the County to solve the problem, he thought people needed to pitch in and volunteer to go clean up the messes. He said he had not seen any evidence of people being bused in.
Sheriff McGill
advised his office recently received 19 titles to new vehicles, but that was not going to be enough. There was a plan for another 20, but somehow that fell apart. He invited each of the Commissioners to ride in a patrol car for 30 minutes or an hour to see what the deputies were driving.
6. 10:00 a.m. For Possible Action Discussion and deliberation regarding the
Commissioner Strickland
asked about the negative balances in all the landfills except Pahrump.
Ms. Power
explained that was actually money being earned. The reason it was reflected as a negative on this report was because the balance of the bank accounts would always be a month behind in getting the data into Eden. When the Board saw the next rendition of June, 2023, those amounts would change
Commissioner Strickland
said the 911 Emergency Systems fund was at $1.2 million. She asked to have the Comptroller look to see if any of that could be used to update the 911 system. Elizabeth Jordan said she had been in contact with IT Director Brad Adams regarding the 911 emergency system, who said the need was even higher than that amount. Tim Bohannon thought the report looked a lot better than it did in April, 2022. He asked that an eye be kept on the items in the red. He said forecasting would help determine if there was enough projected revenues for the expenditures going out.
Ms. Raelyn
stated the first installment of real property taxes was due August 21, 2023, with a ten-day grace period.
Commissioner Carbone
asked Ms. Powers if kiosks would help her office, to which she responded yes.
Commissioner Carbone
asked Tim Sutton to look into that. August 15, 2023
7. 10:00 am. Fiscal Year 2024 Community Development Block Grant (CDBG) 2nd
Mr. Tuck
said his application was for phase 2 of the existing water system at the fairgrounds. His vision was it would come in from the northwest with electricity from Valley Electric to not only supply the new well but also serve as electricity for other things such as lighting or restrooms. The other part of the project would be to put in a new well that would produce better than the existing well, which would serve as a back-up well, and Mr. Tuck said that well would help to make sure there enough was water there for what was planned.
Commissioner Strickland
disclosed she was a well drilling contractor, but she had no pecuniary interest in this item and would not bid the job. She said she worked with Mr. Tuck on this since the start of the fairgrounds. This well already had the water rights dedicated as well as the point of diversion and was also located near the OHV park. If the well was not put in the water rights would have to be moved off of that point of diversion. David VanDerBeek said the process was extra difficult to go through in a rural area due to the shortage of professionals as well as places where they could work, and the lack of professionals to supervise them. Women went through this at a faster rate, and there were women who were mothers in the community who were going to Great Basin for the social work program. None of this grant money would go to him. It would go directly to the program. Mr. VanDerBeek said the new Medicaid rule in Nevada would help interns as once they started their 3,000 hours they were considered a qualified mental health professional and became a Medicaid provider, which was instant income. He said the arrangement was through the School District, which said yes as it had empty buildings.
Mr. Van
DerBeek had also talked to people at the Coalition. Additionally, the National Health Service Corps had identified Nye County as an area of need with an underserved population. That meant if students with student loans committed to work as health professionals in Nye for a certain number of years their student loans would be forgiven. August 15, 2023 7. 10:00 a.m. Fiscal Year 2024 Community Development Block Grant (CDBG) 2nd Public Meeting: 1) Presentation and discussion regarding potential projects; and 2) Invite the Public to participate in providing ideas, comments and suggestions concerning proposed projects. (10-minute time limit)-Cont’d. Both Commissioners Jabbour and Carbone expressed concerns that Mr. VanDerBeek did not have a location yet. Commissioner Jabbour asked him to make sure he had secured a place before he came back in November, 2023.
Ms. Elliott
said she went to CDBG for the request from Amargosa Valley and the funding seemed reasonable as far as what was provided for the restroom upgrades at Amargosa Park.
Commissioner Jabbour
explained their main point for the request was to bring the bathrooms into ADA compliance. Pat Minshall stressed the need for ADA compliant bathrooms at the park. Maryan Hollis said there was a need for mental health services in Pahrump, but the back-up for Mr. VanDerBeek’s project was centered around Medicaid, homeless underserved, and those with no insurance. She thought it was a great concept, but felt it should include services for all and not just a few. Ammie Nelson thought $620,000.00 was a lot of money for a well that was already there and power. As to Mr. VanDerBeek’s proposal, she needed to hear more about a focus on particular people in Nye County. She thought the restrooms upgrade in Amargosa Valley was a great idea. Diane Southworth thought Mr. VanDerBeek’s program should start with the homeless and low-income people. Meanwhile, the Nye Communities Coalition was available to help people and she suggested people go there.
Mr. Tuck
addressed the condition of the Amargosa park’s restrooms since it was a public water system managed by the County. He said the plumbing in it was atrocious and the bathroom needed to be replaced. He said he totally supported the project, but he commented on the increased cost of everything as three years ago his project would have been half of what it was today.
Ms. Elliott
anticipated at least one more project application coming in today for the September 6, 2023, meeting. She was looking for some feedback if staff should continue with all three applications as far as submitting them to CDBG for eligibility and if the Board was willing to sponsor them.
Commissioner Strickland
said she supported sponsoring the projects. August 15, 2023 7. 10:00 a.m. Fiscal Year 2024 Community Development Block Grant (CDBG) 2nd Public Meeting: 1) Presentation and discussion regarding potential proiects; and 2) Invite the Public to participate in providing ideas, comments and suggestions concerning proposed proiects. (10-minute time limit)-Cont’d. Commissioners Boskovich said he could support the Amargosa and fairgrounds applications, which Commissioners Carbone, Cox and Jabbour agreed with.
Commissioner Strickland
said she would support the third candidate also if they could provide a legitimate leasehold for the facility they wanted to do and she did not want him to be disregarded. If the other Commissioners were not ready to support the third candidate, she suggested allowing him to move forward in September, 2023, and see if he was ready.
Commissioner Strickland
said she could support the two candidates as stated by
8. 10:00 a.m. Presentation by Mark Kampf outlining the proposed changes to the
Commissioner Carbone
asked how many people had been talked to who may be moving from one precinct to another.
Mr. Kampf
said he met with the Beatty Town Board and the Amargosa Town Board, which were the largest affected by this. His next step would be to notify every elected official who was affected by this in any way, shape, or form. He advised the State was implementing a new voter registration system and he wanted to get this corrected before that happened.
Commissioner Jabbour
pointed out Mr. Kampf had Manhattan listed as an advisory board, but they did not have one. Belmont had an advisory board as well as some residents, but Commissioner Jabbour said he did not see Belmont on the slide. He asked Mr. Kampf to include Belmont and make sure everyone was accounted for before he submitted this. August 15, 2023 8. 10:00 a.m. Presentation by Mark Kampf outlining the proposed changes to the boundaries and the number of voting precincts prior to the submission to the Secretary of State for approval per NRS 293.205 and NRS 293.207. (10-minute time limit) -Co nt’ d.
Mr. Kampf
said Belmont had already been added. He then took this opportunity to state he never said that any individual voted illegally. The headline in the Pahrump Valley Times was a fabrication only to create chaos within the community and was inappropriate. The letter he wrote was also edited by the editor and was rendered ineffective. He wanted to be sure the voters that were affected voted the ballots they were given and they did nothing illegal.
10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation
Commissioner Carbone
made a motion to approve issuing an outdoor festival license for the Beatty Chamber of Commerce for October 27-29, 2023; seconded by Commissioner Strickland; 5 yeas. The Board was in recess until 2:43 p.m.
Commissioner Cox
was not present. August 15, 2023 CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made.
13. For Possible Action Approval of the Elected Official Collection Report
Commissioner Strickland
made a motion to approve items 13-16; seconded by
Commissioner Carbone
; 4 yeas.
14. For Possible Action Approval of Assessor’s Office Change Requests to allow
Commissioner Strickland
made a motion to approve items 13-16; seconded by
Commissioner Carbone
; 4 yeas.
15. For Possible Action Approval of Return of Sale; Affidavits of Publication
Commissioner Strickland
made a motion to approve items 13-16; seconded by
Commissioner Carbone
; 4 yeas.
16. For Possible Action Approval to: 1) Accept Amendment Number 01 of the
Commissioner Strickland
made a motion to approve items 13-16; seconded by
Commissioner Carbone
; 4 yeas.
Commissioner Ccx
was present. August 15, 2023 TIMED ITEMS 11. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to issue an Outdoor Festival License to Tony Casey for the Halloween Spooktacular to be held October 31, 2023, at Petrack Park, 150 N. Highway 160, Pahrump, NV. Tony Casey said her daughter started this event years ago. It cost nothing for the community to come and everybody volunteered. She also had sponsors. It had grown over the years and Ms. Casey hoped to be able to keep doing it. Pahrump Buildings and Grounds Manager Jimmy Martinez agreed this event was just getting bigger and bigger so it was being moved from the community center to outside.
Commissioner Strickland
asked if this event would involve the horse arena, to which Mr. Martinez responded no.
Commissioner Strickland
asked again to have the arena board added to the application so they could go there also if it was needed. Tom Waters stated his support of this item. Diane Southworth also supported this item. Ammie Nelson said she was 100% for this.
Sheriff McGill
asked how many people Ms. Casey expected to attend.
Ms. Casey
said last year she had almost 2,000 people and the year before she had 1 600 people, but anything was possible since this one would be in the park.
Sheriff McGill
suggested with that many people maybe a condition of the permit should be they provided for a deputy during the duration of the event at Ms. Casey’s expense at a cost of $75.00 an hour.
Ms. Casey
agreed to that.
Commissioner Carbone
made a motion to issue an outdoor festival license for the Halloween Spooktacular to be held October 31, 2023, which also included one roaming deputy; seconded by Commissioner Strickland; 5 yeas. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD
Sheriff McGill
assumed the Chair of the Licensing and Liquor Board. August 15, 2023 LIQUOR 12. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and deliberation to Consider reinstatement or revocation of the Retail Liquor License that is suspended for late payment of the annual renewal fee for The Bounty Hunter, located at 680 S. East St., Pahrump, NV.
Sheriff McGill
explained pursuant to Code Chapter 5.05, entitled Liquor Regulations, the licensee had the right to call witnesses, introduce exhibits relevant to the issues of the case, and offer rebuttal evidence. The Board would consider all evidence and testimony presented by the licensee, after which the Board would make its findings, conclusions, and decision. Any action taken by the Board would be entered into the minutes and the Board’s decision shall be final. Sheriff McGill asked the license administrator to address the issue of the notice of show cause hearing being provided to the licensee as well as the history of this item. Mark Kampf sworn in Samantha Tackett.
Mrs. Tackett
said as shown in the back-up the notice to show cause was issued to the licensee at 10:25 am. on August 4, 2023. As also indicated in the back-up, the FY2024 liquor license renewal payments were due at least ten calendar days before the end of the quarter in which the license expired pursuant to County Code. As of the July 6, 2023, Licensing and Liquor Board meeting the licensee had not paid. Attempts to contact the licensee were unsuccessful. At the July 6, 2023, meeting, the Board voted to not renew the license and to move to a further item to consider the license based on payment. On July 7, 2023, the licensee was served with the suspension notice with the instructions to pay and appear before the Licensing and Liquor Board at its July 18, 2023, meeting. The licensee paid the renewal fee on July 10, 2023, and was instructed on that date to not serve alcohol as the license was not renewed and he still had to appear before the Licensing and Liquor Board. At the July 18, 2023, meeting the Licensing and Liquor considered renewal of the license or suspension and a hearing to show cause. The Licensing and Liquor Board voted to suspend the license and hold a hearing to show cause citing prior payment history and the current late payment. The order to show cause was served to the licensee.
Commissioner Strickland
noted at the time of the last meeting the licensee had served alcohol after being told not to.
Sheriff McGill
said the license was suspended effective July 10, 2023, and on July 14, 2023, deputies responded for a business check and discovered not only the business open but the licensee himself tending bar and liquor being served at the premises in spite of the previous suspension.
Mr. Kampf
swore in Daryl Keppner. August 15, 2023 12. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to Consider reinstatement or revocation of the Retail Liquor License that is suspended for late payment of the annual renewal fee for The Bounty Hunter, located at 680 S. East St., Pahrump, NV-Cont’d.
Mr. Keppner
, the owner of The Bounty Hunter Saloon, said he had all the check stubs from the bank from 2017, which had the right dates but were not cashed until two to six weeks after they were delivered. He understood that as long as it was postdated the last date of the month it was alright and that was how he had been doing it for ten years. Also, when the County was trying to get in touch with him Mr. Keppner was having problems with AT&T. He did not get a message until the notice was posted on the door.
Mr. Keppner
apologized for not taking this more seriously.
Commissioner Carbone
asked the administrator to talk to the checks, dates, and payments to be sure the Board was clear on what happened.
Mrs. Tackett
said Mr. Keppner provided copies of the cashed checks dating back to 2016. The checks she focused on were for the annual renewals. The dates on the checks were always written as being on time, however, that did not indicate when they were actually received and processed. Additionally, the dates showing when they were cashed or the paid date from the bank could mean that if it was past the due date it was not received in time and then sent to the Treasurer’s Office for deposit. Payments were processed in batches and there were usually a couple of batches a week. It could be a handful of days before his check was received and then sent to the Treasurer’s Office for further processing, which could be a few more days. As to the dates the department was reporting, those were the dates the payment was entered into the system. From 2019 to now the payments were always processed prior to the end of year date because that was when it was received.
Sheriff McGill
asked if it would be abnormal for payment to be posting to the County’s account ten days after it was received.
Mrs. Tackett
said that would be abnormal.
Mr. Keppner
pointed out the check for 2020 was not cashed until June 24, 2020.
Sheriff McGill
asked him if he personally wrote the checks.
Mr. Keppner
said he had an accountant who did it all for him, but he wrote and signed the checks himself. He had no control over when the County cashed the checks.
Commissioner Boskovich
said part of his issue with this item was it was excuse after excuse. He understood sometimes things got lost in the shuffle, but sometimes he felt like Nye County was taken advantage of and the limits were constantly pushed to see how far it could go. He told Mr. Keppner he was running a bar with no license and knew that. August 15, 2023 12. 10:00 am. For Possible Action Hearing to Show Cause, discussion and — — deliberation to Consider reinstatement or revocation of the Retail Liquor License that is suspended for late payment of the annual renewal fee for The Bounty Hunter, located at 680 S. East St., Pahrump, NV-Cont’d. Maria Ziotek strongly cautioned the Commissioners that statement and the allegation was not part of this hearing. This was notice specifically talked about a late payment.
Commissioner Jabbour
asked Mr. Keppner why he authorized those checks.
Mr. Keppner
said to pay the County.
Commissioner Jabbour
asked Mr. Keppner how he knew to authorize those checks.
Mr. Keppner
said because it was his business and he had documentation to prove it.
Commissioner Carbone
made a motion to accept the data Mr. Keppner claimed he had; seconded by Commissioner Strickland; 6 yeas.
Mrs. Tackett
said Mr. Keppner brought that information to her office at the agenda posting and showed all of the quarterly payments he had ever made. She had not narrowed it down to the fiscal year payments from 2017 to now. A brief recess would allow her to distribute the information to the public, on-line, and to the Board. The Board took a brief recess.
Sheriff McGill
advised the applicant provided copies of checks dated from June, 2017 through June, 2022, for his payments. It appeared they reflected the date they were cashed or completed through the process. As a general rule, it looked check 2631 was written June 28, 2022, and negotiated on July 12, 2022, so that was 15 days later. The payment on June 29, 2021, was negotiated on July 13, 2023, which was about the same number of days, and the check written on June 3, 2020, was negotiated June 24, 2020. Ammie Nelson said she agreed that a lot of times the County let businesses slide, but if this was a matter of timing and processing then she thought the Board might want to take another look at it.
Sheriff McGill
said he was looking through the back-up and saw there were 144 liquor licenses in Nye and one that was overdue, which was this one.
Commissioner Strickland
said she hated taking someone’s privilege license away so she was having difficulty with this. She knew if this was the contractor’s board she would not be renewed and would have to go through the whole process to become a realtor again. She asked if there was any recourse for the licensee should the Board revoke the license. August 15, 2023 12. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to Consider reinstatement or revocation of the Retail Liquor License that is suspended for late payment of the annual renewal fee for The Bounty Hunter, located at 680 S. East St., Pahrump, NV-Cont’d.
Ms. Zlotek
said the back-up included the pertinent statutes that would address that issue, but today the Board was here to either reinstate or revoke. In response to the question, Code Section 5.04.340 stated if a license was revoked they could reapply for a license six months after the revocation order. However, the Board could reinstate with conditions.
Commissioner Jabbour
felt there were stronger issues than being ten days late for a liquor license.
Commissioner Jabbour
made a motion to reinstate Mr. Keppner’s license; seconded by
Ms. Ziotek
asked Commissioner Jabbour to state for the record with his motion that it was based on the pertinent findings of facts and conclusions as to what substantiated the motion.
Commissioner Jabbour
restated his motion based on the facts and testimony presented by the applicant to reinstate; Commissioner Strickland restated her second.
Commissioner Carbone
asked if any limitations were needed in the motion.
Ms. Zlotek
advised for reinstatement Code Section 5.04.260 allowed the Board to attach to the motion that Mr. Kepner complied with every and all conditions of the Liquor and License Codes, specifically payments on time.
Commissioner Jabbour
amended his motion based on the facts and testimony presented by the applicant to reinstate with the condition that Mr. Keppner comply with every and all conditions of the Liquor and License Codes, specifically payments on time;
Commissioner Strickland
amended her second; 4 yeas. Commissioner Boskovich voted nay. SITTING AS THE BOARD OF COUNTY COMMISSIONERS
Commissioner Jabbour
assumed the Chair of the Board of County Commissioners. August 15, 2023 SHERIFF
17. For Possible Action Discussion and deliberation to: 1) Approve, amend and
Sheriff McGill
explained this paid two deputies to work the schools in Nye County. They currently had three working the schools and this paid for two of the three. This relieved the County from the financial obligation of almost $180,000.00 and was a grant paid through the School District. Stephani Elliott added this was an ongoing contract tracked under the grant program.
Commissioner Cox
asked why the County was paying for this when the School District had more money and this money could be use for two new deputies on the street.
Sheriff McGill
explained they were designated for the schools because the School District was paying their salaries and benefits. He did everything in his power to limit them leaving the school for other calls. Ammie Nelson said this was one of those items needed in Nye County. Maryan Hollis asked where the deputies went when there was no school and how many were at the high school.
Sheriff McGill
advised when there was no school the deputies were available for patrol activities. Tim Bohannon was concerned there were not enough resource officers, but he was in favor of getting this done.
Sheriff McGill
said school resource officers were definitely a deterrent. They were also often a fail safe as well as a lifeline. If he could, he would provide two deputies to the high school, probably two deputies to the middle school, and one to each of the elementary schools.
Commissioner Strickland
wondered if the Board should ask the School District.
Sheriff McGill
said he would be in favor of asking if the School District would pay for all of the deputies.
Ms. Elliott
clarified this contract was contingent upon the Nye County School District receiving grant funds from the State. She would need to work with the School District August 15, 2023 17. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject an Interlocal Contract between Nye County School District and Nye County Sheriffs Office in the amount of $179,799.86 for the purpose of providing two School Resource Officers during the 2023-2024 school year; 2) Allow a one-time exception for Sheriff Joe McGill to execute the contract; and 3) Fund $179,799.86 to 10340 Grants-Cont’d. next year to see if this was a fixed amount or if they were eligible to ask for more to get more school resource officers. Daniel Magley said if the Sheriff had all the officers for the schools and wanted to give them $180,000.00 of taxpayers’ money he wondered why a private security company was not hired for the schools, which would free up his officers.
Sheriff McGill
said a Nye County School Police Department could be established, or it was something the School District could consider.
Commissioner Carbone
made a motion to approve the Interlocal Contract between the Nye County School District and the Sheriff’s Office for the amount of $179,799.86, allow the Sheriff to do a one-time signing to execute the contract, and put the funds into 10340 Grants; seconded by Commissioner Boskovich; 5 yeas. PUBLIC PETITIONER
27. For Possible Action Presentation by William Simpson regarding his
Commissioner Cox
asked if there had been a lot of requests for the Treasurer’s Office to stay open on Fridays. August 15, 2023 18. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-25: A Resolution Changing the Hours During Which the Treasurer’s Office will be Kept Open-Cont’d.
Ms. Powers
clarified she was only requesting that the Tonopah office be closed on Friday because there were only two staff members. The offices in both locations would be open 7:00 a.m. to 5:00 p.m. Monday through Thursday, open during the lunch time, and on Fridays the Pahrump office would be open 8:00 am. to 5:00 p.m. and closed 12:00 p.m. to 1:00 p.m. for lunch.
Commissioner Carbone
was concerned about the people who did not work on Fridays and had just that day to conduct their business. They would not be able to do that unless the Treasurer’s Office had kiosks, which he supported.
Ms. Powers
said she hoped by extending the hours to earlier than normal and also being open during the lunch time the office would still be able to better service the property owners, even in the northern part of the County.
Commissioner Carbone
thought the offices should be open Monday through Friday.
Commissioner Strickland
said if those were the hours Ms. Powers needed for her to run her office she supported it.
Commissioner Jabbour
said his position two years ago was that the Commissioners should not get involved in the minutia of the department heads and their schedule provided it did not interfere with NRS and with the residents trying to conduct business. He mentioned how other departments were working four ten-hour days, but the employees were overlapping so not one individual had to always work on Friday and the offices were opened Monday through Friday. Part of the back-up read that these changes would allow for staff to serve the public and align the hours of operation with affiliated departments. He said the Clerk’s Office, the District Attorney’s Office, Administration, and the Recorder’s Office were all open Monday through Friday.
Ms. Powers
clarified the Recorder’s Office in Pahrump was closed on Fridays and the Assessor’s Office was closed in both locations. Those were the two departments that her office worked one-on-one with.
Commissioner Jabbour
also wondered how people who had Friday off would be able to take care of their business.
Ms. Powers
recommended they use the Treasurer’s on-line payment system.
Commissioner Jabbour
pointed out the NRS said it was up to the Board of County Commissioners, it was a public service, and it must result in a cost savings. He did not see how having the Treasurer’s Office closed in either location would save money. August 15, 2023 18. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-25: A Resolution Changing the Hours During Which the Treasurer’s Office will be Kept Open-Cont’d.
Ms. Powers
said the immediate savings, not necessarily a cost effective savings, was this would enable the Tonopah employees to be able to have a day off during the week on which they could conduct their own personal business without having to take an additional day off or jeopardize anybody else’s schedule. She said it had been a proven fact that by working four tens they would start their day at 6:00 am. and 6:30 am. and staff was able to get a lot of work done prior to assisting the public.
Commissioner Jabbour
stated it was not public service to have any office closed where the public did not have access to come and conduct business. He said he could not support closing the Tonopah office on Friday.
Commissioner Boskovich
asked if there had been any feedback from the people in the north as far as whether they supported this.
Ms. Powers
said she had not heard anything, but she had heard they would prefer the Pahrump office to be open during the lunch hours.
Commissioner Carbone
asked if the Board could put any stipulations on this that if it became a problem it came back to the Board for re-evaluation. Maria Zlotek advised the Board could amend and adopt to put a stipulation on it. Ammie Nelson thought a kiosk was definitely an answer, especially for Tonopah, but she was not clear on what the hours would be. She agreed with Commissioner Jabbour that the doors should be open. Linda Clark thought seniors would have difficulty using kiosks. She asked that the current hours continue because customer service had to be the number one priority. Assessor Sheree Stringer said her doors in both locations had been opened Monday through Thursday from 7:00 a.m. to 5:30 p.m. since 2015. She thought what Ms. Powers was trying to do was make a better working situation for her staff and for the taxpayers. The taxpayers know the Assessor’s Office was open during lunch, and they got numerous people who came in at two minutes after noon and the doors were closed at the Treasurer’s Office. Mrs. Stringer thought it would be good if everyone could get on the same page. Erika Gerling asked the Board to take into consideration that the directors and superintendents knew what they needed. She suggested doing this on a trial basis for two months to see how it worked. If it was not working, make a change. August 15, 2023 18. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-25: A Resolution Changing the Hours During Which the Treasurer’s Office will be Kept Open-Cont’d. Tim Bohannon said he had never been a fan of a business being closed on Fridays. He thought there would be a disconnect in the community for those who liked to be face to face. He thought customer service was something that had been lost in this country for a while as most things had been automated, but it was still needed. Helene Williams thought it would be a really good idea if everybody could coordinate. Human Resources Director Elona Goidner also thought it would be nice to coordinate all of the offices. She thought Monday through Friday and being open during lunch was probably the best idea. She said for her and her staff it got really confusing when trying to locate someone only to realize that they were not in on Fridays.
Commissioner Strickland
suggested this come back on September 19, 2023, so the Assessors, Treasurer’s, and Recorder’s Offices could come up with a plan all three offices could work with.
Ms. Powers
stated she did not want to affect the other departments mentioned and she withdrew her request.
Commissioner Strickland
made a motion to continue this item to September 19, 2023, and ask the Assessor, Treasurer and Recorder to come up with a workable plan; seconded by Commissioner Carbone; 5 yeas. PUBLIC PETITIONER 27. For Possible Action Presentation by William Simpson regarding his organization Wild Horse Fire Brigade and how it can be utilized in Nye County. (10- minute time limit) William Simpson was not available to give the presentation. COUNTY MANAGER 19. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-22: A Resolution Establishing a Nye County Property Naming, Renaming and Private Memorials Policy. Lorina Dellinger said there had been discussions about renaming buildings, but there were no guidelines in place. That was what this was. Since there were new facilities coming, staff thought a policy should be put in place for the Board to consider when it came to naming those facilities. August 15, 2023 19. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-22: A Resolution Establishing a Nye County Property Naming, Renaming and Private Memorials Policy-Cont’d.
Commissioner Strickland
said it was well done, but she was curious what would be done about Town of Pahrump properties.
Mrs. Dellinger
said this policy had gone through District Attorney review and if there were any changes to the policy staff would mirror it for the town.
Commissioner Cox
did not think any County or town buildings should be named after people as it caused dissention, but she had no problem with placement of a plaque.
Commissioner Strickland
said she liked the substantial gift language, but Commissioners Carbone and Ccx did not. Linda Clark asked how much more building was going to be done in Pahrump, how many more buildings could be named, and how a decision would be made. Eddie Jim said he was against naming property after people. Ammie Nelson said she would love to see private memorials honoring Ray the Flagman and Larry David Michael John as they did so many things for the community. Tim Bohannon said he was in a favor of establishing a property naming policy as it put a stamp on the community that people could remember.
Commissioner Strickland
made a motion to adopt; seconded by Commissioner Boskovich.
Commissioner Ccx
wanted it clear that not every town or County building would be named after everybody in town.
Commissioner Strickland
stated there would be none of that.
Commissioner Carbone
stated he could not support it if it contained section 1 .3.4 regarding financial contributions and gifts.
Commissioner Strickland
said she wanted to stand with that as that could be substantial for the fairgrounds and it was not illegal. MarIa Zlotek said the County could accept gifts of property per NRS 244, but she would get back to the Board on whether it was legal to exchange that or give the name recognition. August 15, 2023 19. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-22: A Resolution Establishing a Nye County Property Naming, Renaming and Private Memorials Policy-Cont’d.
Commissioner Cox
said she was not happy with the way it was written. She did not wany anyone held hostage for money in order to develop.
Ms. Zlotek
pointed out the item passed legal review by Deputy District Attorney Michelle Nelson. Section 1.3.4 used the term should, so it was not mandated. The additional issue Commissioner Cox had was a little nuance that her office would dig into, but that section passed legal review and the resolution was legal as written.
Commissioner Cox
said so the Board could take bribes.
Commissioner Strickland
said it was not a bribe if someone wanted to give money to the community to build something for the community.
Commissioner Cox
did not believe in doing this. She thought someone should come in and be able to build without having to pay money to build.
Commissioner Carbone
asked if Eric Murphy was still a candidate.
Sheriff McGill
said he was not sure if he would be coming back so he put out an e-mail for interested parties yesterday or the day before. He received one response, which was an inquiry, not an acceptance.
Commissioner Jabbour
suggested moving forward with the appointments, If Lieutenant Murphy resigned and declined it could be brought back to appoint someone else. Samantha Tackett suggested removing Eric Murphy’s name from this and make the appointments as identified. She said she planned on bringing an item forward to fill the vacancy for the public member at-large as she received no applications for the position. Ammie Nelson said if Eric Murphy’s name was removed and the Board was looking for someone in the public to apply then the Board might want to bring this item back.
Commissioner Carbone
made a motion to appoint James Bandazian, Ashley Castillo, and Brad Adams; seconded by Commissioner Strickland. August 15, 2023 20. For Possible Action Discussion and deliberation to appoint four members to the Nye County 9-1-1 Advisory Committee due to expiring terms from the following list of applicants: Brad Adams, James Bandazian. Ashley Castillo, and Eric Murphy-Cont’d.
Commissioner Carbone
amended his motion to appoint James Bandazian to a term expiring August, 2025, and Ashley Castillo and Brad Adams to terms expiring August, 2027; Commissioner Strickland amended her second; 5 yeas. PLANNINGIBUILDINGICODE COMPLIANCE 21. For Possible Action Discussion, deliberation, and direction to staff to prepare a draft Bill to amend the licensing fees relating to Cannabis Establishments. Assistant Planning Director Steve Osborne said this item was brought forward to get some input and direction from the Board before staff proceeded further. In the back-up was research on other jurisdictions and what they charged for their cannabis licenses and renewal licenses, as well as comparisons to Nye County’s gross revenue if a 3% fee was instituted as well as a flat fee for license renewals, which he reviewed for the Board.
Commissioner Boskovich
thought the cannabis industry should pay what they paid in other jurisdictions. Planning Director Brett Waggoner said there was a draft close to District Attorney approval. The 3% would be a tax on any sales out of these facilities. A transfer tax had been added recently as well. He also pointed out there were jurisdictions for the most part that had far more substantial sales than Nye did.
Commissioner Carbone
liked the direction this was going in.
Commissioner Strickland
thought the County should duplicate Mesquite, go to 3% on sales tax, and address application fees for lounges.
Mr. Osborne
advised there was a fee for lounges, which was the same as a cultivation facility.
Commissioner Boskovich
noted Mesquite had no quarterly renewal fee of 3%.
Commissioner Strickland
said they had a semi-annual fee of 3%.
Mr. Waggoner
confirmed the direction was raising the sales tax to 3% and a 2% transfer tax. He asked about the flat fee renewal fees.
Commissioner Strickland
said the County could charge a renewal fee and a sales tax. August 15, 2023 21. For Possible Action Discussion, deliberation, and direction to staff to prepare a draft Bill to amend the licensing fees relating to Cannabis Establishments Cont’d.
Commissioner Jabbour
said there were a couple of facilities that did not produce anything so they should pay a renewal fee.
Mr. Waggoner
said it could be written in such a way. The current renewal fee was $2,500.00. If there was a facility producing zero sales for six months, there was a clause that they would go before the Board. If they retained their license for the year and produced zero there could be a flat fee, but if they were a producer and paid the 3% throughout the year the $2,500.00 fee went away. Mr. Waggoner felt there should be some kind of a renewal provision.
Commissioner Strickland
thought on the cannabis production dispensary item where it said renewal licensing amount should be changed to 25% or 3% gross revenue. She also felt the cultivation production and dispensary initial licensing fees should be $20,000.00. That would match Nye closely with Mesquite, which was also a smaller community. She also thought the sales tax should be 3% and the transfer tax 2%.
Commissioner Boskovich
would like to see at least a $20,000.00 initial license fee. If there were zero producers, their renewal should be higher.
Mr. Waggoner
noted they had the potential of losing their license if they were not producing. He advised the State charged $30,000.00 and got 15% in sales tax. Mr. Waggoner also pointed out the staff time incurred for quarterly inspections. He said he would come back with suggestions based on what was heard today. Erika Gerling, speaking as a private person, said she did not know what was going on with the facility in Beatty. When all of this came up originally the town had no say. The Office of Legal Counsel issued an opinion and Beatty got nothing from having a facility there. When the Commissioners were re-writing the rules and changing the fees she asked the Commissioners to re-consider the distribution for the community. Ammie Nelson agreed with the County asking for more money. Linda Clark said the County was not making any money from marijuana and thought the Board should have been charging more to begin with. Tim Bohannon said he looked at this as a business problem. It was a huge jump from $5000000 to $20,000.00. He thought the County should determine how many of these facilities it wanted in Pahrump and then charge appropriately.
Commissioner Jabbour
said he was not going to entertain a motion as he thought the Board had given direction. He confirmed Mr. Waggoner and Mr. Osborne would come back to the Board. August 15, 2023 PUBLIC WORKS 22. For Possible Action Discussion and deliberation to: 1) Approve the purchase of a 0.129-acre property needed for a drainage channel, located at 30 North Huascaran Street, Pahrump, NV, Assessor’s Parcel Number 038-173-06; 2) Propose compensation for the property to the property owner based on the appraisal; and 3) Direct staff to prepare and record the documentation necessary to transfer the property.
Commissioner Strickland
made a motion to approve, propose compensation based on the appraisal, and direct staff to prepare and record the documentation necessary to transfer the property; seconded by Commissioner Carbone; 5 yeas. PUBLIC PETITIONER 26. For Possible Action Discussion and deliberation regarding Nye County Proclamation P2023-06: A Proclamation Recognizing September 2023 as Prostate Cancer Awareness Month in Nye County.
Commissioner Carbone
said he would make a motion after public comment; seconded by Commissioner Strickland. Tom Waters said next month was Prostate Cancer Awareness Month. He said more people needed to come to the group meetings which were held on the fourth Tuesday of every month from 6:00 p.m. to 7:30 p.m. at the DAV building.
Commissioner Strickland
made a motion to determine it was in the best interest to dispose the excess equipment and materials attached and the proceeds should go into 10205 Roads; seconded by Commissioner Carbone with the addition that Tom Boiling, Public Works Director, would decide where they go; 5 yeas. August 15, 2023 24. For Possible Action Discussion and deliberation to: 1) Approve the purchase of a 70-foot truck scale for the Tonopah Landfill from American Scale Company, Inc. in the amount of $78,493.13 or from Southwestern Scale Company, Inc. in the amount of $89,807.00; and 2) Fund from 10510 Solid Waste. Ammie Nelson said a rate increase was approved for $56.00 so a truck and equipment could be paid for. She asked why this item was on the agenda. Tom Boiling said the rates increased to $63.00 a month. He understood it was only $30.00 a month attached to each parcel to pay for the landfills, and that money was for purchasing things like this for the landfill.
Commissioner Carbone
made a motion to approve the purchase of a 70-foot truck scale for the Tonopah landfill in the amount of $78,493.13 and take it from 10510; seconded by
Commissioner Strickland
; 5 yeas. 25. For Possible Action Discussion and deliberation to: 1) Approve the purchase of an asphalt distributor truck in an amount not to exceed $425,000.00; and 2) Fund from 10205 Roads. Elizabeth Jordan advised if this was approved by the Board to move forward it would have to go through the procurement process.
Commissioner Carbone
made a motion to approve the purchase of the asphalt distributor in the amount of $425,000.00 and fund from 10205; seconded by
Commissioner Strickland
; 5 yeas. PUBLIC PETITIONER 26. For Possible Action Discussion and deliberation regarding Nye County Proclamation P2023-06: A Proclamation Recognizing September 2023 as Prostate Cancer Awareness Month in Nye County-Reopened.
Commissioner Carbone
made a motion to approve Proclamation P2023-06, a proclamation recognizing September, 2023, as Prostrate Cancer Awareness Month in Nye County; seconded by Commissioner Strickland. The Commissioners rescinded their votes on item 26 when it was heard earlier in the meeting.
29. Commissioners’/Manager’s Comments (This item limited to announcements or
Commissioner Carbone
referred to the gentleman who stated the County had hundreds of millions of dollars in accounts and that Nye was the richest county. He asked Elizabeth Jordan if she could tell the Commissioners where that money was.
Ms. Jordan
said she wished she could and was not sure where that statement came from.
Commissioner Jabbour
reminded everyone to protect family, friends and children, conserve water, and spay/neuter pets. Tom Boiling said the window for purchasing government vehicles was closing rapidly and the determination needed to be made if the County would be able to use LATCF funds to purchase the vehicles. If it was not decided soon it would be another year before vehicles could be purchased. He had spoken with Stephani Elliott who was trying to put together a workshop. Elizabeth Jordan said the plan was to bring the workshop to the Board the first meeting in October, 2023, but they were going to push for possibly the last meeting in September, 2023. August 15, 2023
30. ADJOURN
Commissioner Jabbour
adjourned the meeting. APPROVEDthis c’ day ATTEST Of O-t— 2023. C[ir Nyeou y Clerk / Deputy